THE JURISDICTION OF THE MARCHES. 305 



the strongest kind of utterance or expressing. Quid verba 

 audiam cumfacta videam. 



And, thirdly, this argument of theirs may be strongly 

 retorted against them, for as they infer that the shires were 

 not meant, because they were not included by name, so 

 we infer that they are meant, because they are not excepted 

 by name, as is usual by way of proviso in like cases : and 

 our inference hath far greater reason than theirs, because at 

 the time of the making of the statute they were known to 

 be under the jurisdiction : and, therefore, that ought to 

 be most plainly expressed, which should work a change, 

 and not that which should continue things as they were. 



In answer to their fourth reason, it makes likewise plainly 

 against them ; for there be three places where the shires 

 be named, the one for the extinguishing of the custom of 

 gavelkind ; the second for the abolishing of certain forms of 

 assurance which were too light to carry inheritance and 

 freehold ; the third for the restraining of certain franchises 

 to that state they were in by a former statute. In these 

 three places the words of the statute are, The lordships 

 marchers annexed unto the counties of Hereford, Salop, &c. 



Now mark, if the statute conceived the word marches to 

 signify lordships marchers, what needeth this long circum 

 locution ? It had been easier to have said, within the 

 marches. But because it was conceived that the word 

 marches would have comprehended the whole counties, 

 and the statute meant but of the lordships marchers an 

 nexed ; therefore they were enforced to use that periphrasis 

 or length of speech. 



In answer to the fifth reason I give two several answers ; 

 the one, that the clause of attendance is supplied by the 

 word incidents ; for the clause of establishment of the court 

 hath that word, &quot; with all incidents to the same as hereto 

 fore hath been used :&quot; for execution is ever incident to 

 justice or jurisdiction. The other because it is a court, 

 that standeth not by the act of parliament alone, but by 

 the king s instructions, whereto the act refers. Now no 

 man will doubt but the king may supply the clause of 

 attendance; for if the king grant forth a commission of 

 oyer and terminer, he may command what sheriff he will 

 to attend it ; and therefore there is a plain diversity between 

 this case and the cases they vouch of the court of wards, 

 survey, and augmentations : for they were courts erected 

 de novo by parliament, and had no manner of reference 



VOL. XIII. X 



